1. Background and Scope
This Policy was developed with a view to applicable law in the United Kingdom, but it applies to the business wherever conducted, and may be supplemented from time to time with provisions that are applicable in specific jurisdictions. Except where expressly stated to the contrary, this Policy applies to all legal entities forming part of ETC Group, and to all of its personnel and staff, including directors, officers, employees and contractors of any such legal entity.
In this Policy, we use terms like “we”, “us”, “our” and the “business”, to refer to ETC Group generally as a business; these references are not limited to specific legal entities in ETC Group. When we refer in the policy to “you”, we mean any person (including legal entities) who we deal with in the course of our business. Other important defined terms used in this Policy document, such as “GDPR” and “Personal Data”, are detailed under section 12, “Definitions”.
Section 13, “Policy Administration”, contains details about the owner and other key roles in relation to this Policy, as well as information about how and when this Policy is reviewed and updated.
2. Data Controller
In relation to this Policy and any Personal Data processed, the data controller is ETC Management Limited, whose details are below:
ETC Management Ltd
Gridiron, One Pancras Square
London, N1C 4AG
ETC Management Limited is registered with the Information Commissioner’s Office in the United Kingdom, under registration number ZA820221. Its current registration runs until 30 November 2021.
3. Principles and Practices of Personal Data Processing
3.1 Data Protection Principles
We will comply with data protection law, including the DPA 2018 and the applicable provisions of the GDPR. This says that the Personal Data we hold about you must be:
3.2 Categories of your Personal Data and purposes of our processing
For anyone other than staff members (staff members, please see section 10 and the Data Protection Notice referred to there), the following categories of your Personal Data will be processed for the purposes described in the following use cases:
3.3 Legal basis for our processing of your Personal Data
Our processing of your Personal Data is allowed by applicable law. The particular legal bases are:
3.4 Do you have to provide your Personal Data to us?
The provision of your Personal Data is necessary to make direct contact with us, or to receive a newsletter, or to process a redemption request or in some cases to do business with ETC. Although you are obliged to provide your Personal Data to us as part of these activities, the consequences if you do not want to provide your Personal Data to us are that the respective service offered may no longer be available, or you will not be able to access certain sections of our website or ETC may not be able to process your redemption request or do business with you or the organisation you represent.
3.5 Do we make automated decisions on you?
We do not make any automated decisions solely on automatic processing, including profiling, which produces legal effects concerning you or similarly significantly affects you.
3.6 Retention periods
The period for which your Personal Data will be stored by us is shown below:
4. Transfer of Personal Data to Third Parties
Generally, we will not transfer your Personal Data to third parties except such transfer is permitted by law or you have explicitly consented to the transfer. We may transfer your Personal Data to public authorities where this is required by the applicable law. A transfer of your Personal Data is also permitted if there is a suspicion of a criminal offence or the abuse of the services offered on our website. In this event, we shall be entitled to transfer your Personal Data to the criminal prosecution authority. Otherwise, your personal data will be stored exclusively in our database and on our servers, or on those of our commissioned data processing providers. We will only share your Personal Data with other controllers for their own purposes such as cooperation or advertising partners under the condition that you explicitly and voluntarily agreed to such transfer of your Personal Data; in this case, we will obtain your consent separately from this Policy.
5. Data retention period
Unless a longer retention period is required or permitted by applicable law, your Personal Data will only be stored for the period necessary to fulfil the purposes outlined in this Policy or until you request that your Personal Data be deleted.
6. Links to third-party websites
The advertising published on our website may be based on cookies placed on your computer, in order to adjust advertising for products and services based on your individual interests. These cookies collect data on the utilization of the websites in anonymized form and do not permit profiling which is not anonymized. You can inactivate the cookie option in your browser.
We use two types of cookies to provide a pleasant online experience with our website: technically required cookies, without which the functionality of our website would be limited, and optional cookies to enhance user-friendliness. It is important to us that users can easily access the information provided by us. We therefore strive to continuously improve and develop our website. Cookies help us achieve this objective. At the same time, the protection of your privacy is of utmost importance to us. We handle personal data very carefully and would therefore like to inform you in detail which cookies we use for which purpose.
Required cookies: These cookies are necessary to ensure the smooth functioning of this website (e.g. session cookies, cookie to store the selected cookie preferences, etc.). These required cookies can therefore not be deactivated.
Optional cookies: Functional cookies are used to ensure the smooth functioning of all tools on the website. The entire and proper function of the website is available to the user only with the use of functional cookies. The use of analysis cookies serves the ongoing quality improvement of this website and its content. By using them, we aim to maximise user satisfaction.
You may enable or disable cookies in your browser. By default, most browsers accept cookies but this can be changed. For further details, please visit the help section of your browser. You can choose to delete cookies at any time; however you may lose information that enables you to access the website more quickly and efficiently including, but not limited to, personalization settings.
It is recommended that you ensure that your browser is up-to-date and that you consult the help and guidance provided by the developer of your browser if you are unsure about adjusting your privacy settings.
9. Your Rights
Under applicable data protection laws, you have rights
To the extent our processing of your Personal Data is based on your consent, you also have the right to withdraw your consent, without affecting the lawfulness of our processing based on your consent before its withdrawal. To exercise your rights, you can contact us as set out in section 2. You can also lodge a complaint about our processing of your Personal Data with a data protection authority.
10. Ancillary Documents
We may from time to time introduce more detailed procedures, or other ancillary documents to support this Policy. Those ancillary documents will always be consistent with the principles in this Policy. Currently, the only such ancillary document in place is a Data Protection Notice which we provide to new recruits (either as part of the recruitment process, when making a job offer, or as of their start date) that describes how we process Personal Data of our staff members.
11. Training and awareness
All personnel are made aware of data protection and privacy laws and are trained annually in relation to these laws and this Policy.
In this Policy document, we use various abbreviations and terms with initial capital letters, which have the following meanings:
|Data Protection Notice||The notice prepared by ETC for staff members, made available to candidates and new hires, and generally available to staff|
|DPA 20188||Data Protection Act 2018 (UK)|
|GDPR||General Data Protection Regulation EU 2016/679|
|Personal Data||As defined for purposes of DPA 2018 and GDPR, but effectively any information about an individual from which that person can be identified; it does not include data where the identity has been removed (anonymous data)|
|Policy Admin||As determined by the Policy Owner from time to time; currently the General Counsel|
|Policy Owner||The board of directors of ETC Management Ltd|
13. Policy Administration
The entity with overall responsibility and oversight for this Policy is the Policy Owner. The Policy Owner will formally review this Policy at least annually (scheduled for review in the fourth quarter), or more frequently, where circumstances require. The Policy Admin may approve non-material changes to this Policy document between regular Policy Owner reviews, so long as such changes are endorsed by the Policy Owner at its next regular review. The Policy Admin may, in its discretion, refer any questions or matters of interpretation in relation to this Policy up to the Policy Owner.
The version history of this Policy is set out in the table below. The table will be updated each time a new version is approved.
|1.0||Initial adoption of Policy||2020|
|1.1||Regular annual review by Policy Owner; Updating of Policy document to conform to Group style, addition of Data Protection Notice for staff||January 2021|
|1.2||Non-material updates, initiated by Policy Admin, to address additionally identified use cases (direct redemptions and KYC), to be endorsed by Policy Owner at next regular review||March 2021|
Terms of Website Use
If you continue to use our website, you are deemed to have read and accepted our Terms and Conditions as set out below:
This website is for information only. It does not provide investment, tax or legal advice or recommendations. According to the applicable laws and regulations in your jurisdiction, some contents on this website or the access to certain contents on this website might be restricted.
Disclaimer: The material and information contained on this website is for informational purposes only and ETC Management Ltd, its affiliates, and subsidiaries are not soliciting any action based upon such material. The material and products do not represent or shall not be inferred as an offer or a recommendation to buy or sell a security, nor shall it be considered or treated as investment advice. Additionally, the material accessible through this website does not constitute a representation that the investments described herein are suitable or appropriate for any person. Performance is unpredictable and past performance is no guarantee of future performance. Consider your own circumstances, and obtain your own advice, before relying on any information.
Distribution of Information:
The distribution of the information and material on this website may be restricted by law in certain countries. None of the information is directed at, or is intended for distribution to, or use by, any person or entity in any jurisdiction (by virtue of nationality, place of residence, domicile or registered office) where publication, distribution or use of such information would be contrary to local law or regulation.
You must inform yourself about, and observe any such restrictions in your jurisdiction and by accessing this website you represent that you have done so. The information on this website is not for distribution and does not constitute an offer to sell or the solicitation of any offer to buy any securities in the United States to or for the benefit of any United States person (being residents of the United States or partnerships or corporations organised under the laws thereof).
By accepting these Terms and Conditions, you hereby confirm that according to the applicable laws and regulations of the relevant jurisdiction (be it the jurisdiction of your nationality, residence, incorporation of the company you are representing or current physical location) you are allowed access this website.
Use of this website does not result in a contractual relationship between the user and ETC Issuance GmbH. To that extent, no contractual or quasi-contractual claims arise against ETC Issuance GmbH as a consequence of visiting this website.
No content of this website should be considered as an offer to purchase any product or securities as described on this website. The prices and valuations published on this website are indicative and are for information purposes only, as is other information displayed on this website. Any person making offer of securities described on this website shall observe and strictly comply with restrictions on the usage of information pursuant to these Terms and Conditions, as well as any restriction imposed by a prospectus published with respect of any securities described or applicable laws and regulation, including without limitation restrictions imposed by the EU Prospectus Regulation (REGULATION (EU) 2017/1129 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 14 June 2017).
Any securities described on this website are not permitted to be offered for sale in all countries and are in each case reserved for investors who are authorised to purchase the securities. Selling restrictions applicable to specific products are set out in the relevant prospectus and should be read carefully by investors. Any restrictions imposed by the relevant prospectus are in addition and without prejudice to any restriction or prohibition established by laws or regulations of any jurisdiction.
United States Persons and legal entities resident in the United States
Securities issued by ETC Issuance GmbH or its affiliates have not been registered under the U.S. Securities Act of 1933, as amended, (the "Securities Act"). The Bonds are being offered outside the United States of America (the "United States" or "U.S.") in accordance with Regulation S under the Securities Act ("Regulation S"), and may not be offered, sold or delivered within the United States except pursuant to an exemption from, or in a transaction not subject to, the registration requirements of the Securities Act.
The information provided on this website is not directed to any United States person or legal entity or any state thereof, or any of its territories or possessions.
U.S. PERSONS (AS DEFINED IN REGULATION S) AND LEGAL ENTITIES RESIDENT IN THE UNITED STATES MAY NOT ENTER THIS WEBSITE.
Information from this website may not be distributed or redistributed into the United States or into any jurisdiction where it is not permitted.
Exclusion of liability for content
Some documents displayed on the website and its content are restricted to ”Professional Investors” only and are not intended for retail or private investors. By making use, opening, or downloading such documents, you agree that you are an “Institutional Investor” as defined here: https://www.handbook.fca.org.uk/handbook/COBS/3/5.html, and have read, understood and accepted the conditions.
Certain documents made available on this website may have been prepared and issued by persons other than ETC Issuance GmbH. This includes any prospectus and additional documents thereto. ETC Issuance GmbH is not responsible in any way for the content of any such document. Except in those cases, the information on the website has been given in good faith and every effort has been made to ensure its accuracy. Nevertheless, ETC Issuance GmbH shall not be responsible for any loss which is a direct or indirect result of reliance placed on any part of the website and it makes no warranty as to the accuracy of any information or content on the website. The terms and conditions of securities applicable to investors will be set out in the relevant prospectus, available on the website and should be read prior to making any investment.
You should always bear in mind that:
Investors should refer to the section entitled “Risk Factors” in the relevant prospectus for further details of these and other risks associated with an investment in the securities offered by the Issuers before investing.
Changes of terms and conditions of website use
ETC Issuance GmbH reserves the right to modify or amend these Terms and Conditions at any time without prior warning.
Content and design of this website are protected by copyright and other applicable laws. Any copying of the website or of its content requires the prior written consent of ETC Issuance GmbH.
Some of the hyperlinks contained on this website may lead the user to external websites that are not under the control of ETC Issuance GmbH and for the content of which ETC Issuance GmbH is not responsible. When the user clicks on such a link, the user will leave the ETC Issuance GmbH website. ETC Issuance GmbH is not responsible for the content of any websites reached by means of such a link.
Governing Law and Jurisdiction
ETC Issuance GmbH is a subsidiary of ETC Management Ltd, company number 12165332, with registered office at Gridiron, One Pancras Square, London, England, N1C 4AG. These Terms and Conditions and your access to and use of this website and the content are subject to the laws of England and Wales.